Divorced from reality
Subtitle: rethinking family dispute resolution
By: Jane C. Murphy and Jana B. Singer
Contributors: Singer, Jana B., 1955- author
Series: Families, law, and society series; Families, law, and society series
Publisher: New York University Press
Published: 2015
Language: eng
Number of pages: 219
ISBN-13: 9780814708934
Subjects: Family mediation; Dispute resolution (Law); Domestic relations courts
Description: "Over the past thirty years, there has been a dramatic shift in the way the legal system approaches family disputes. Traditionally, family disputes were resolved through an 'adversary' system: opposing parties appealed to a judge who determined which party was at fault and how the marital assets - including the children - should be divided. Now, many family courts are opting for a 'problem-solving' model in which courts attempt to restructure families by resolving both legal and nonlegal issues. At the same time, American families have changed dramatically. Divorce rates have slowed, while the number of children born and raised outside of marriage has increased sharply. Grandparents and same-sex partners care for children, and more fathers seek an active role in their children's lives. As a result, families in today's court system have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current 'problem-solving' model fails to address the realities of today's families. While today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties - a model that fits poorly with the realities of today's disputing families. And courts may no longer be the best place for families in conflict. To serve the families it is meant to help, the legal system must adapt and reshape itself"--Unedited summary from book jacket.
Notes: Includes bibliographical references (pages 157-207) and index.
Table of contents: title: Historical overview --; title: The critique of the adversary system and the new paradigm as a response --; title: Expanded courts with diminished legal norms --; title: The new vision meets the new family --; title: From gladiators and umpires to problem-solvers and managers --; title: The influence of comparative and international family law --; title: Creating a twenty-first-century family dispute resolution system ---- Notes.